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process ahead of us. with a former united states attorney general, the nation's chief law enforcement officer, michael mukasey, who was chief judge in the southern district of new york, presided over the blind sheik trial as well as the jose padilla case. good evening, judge. >> good evening, judge. >> good to have you back, judge. >> today we heard there will be no charges filed against the younger brother dzhokhar. how long can the justice department wait to file charges? >> they can wait really as long as they'd like. the fact is that he -- the only down side for them is the possibility that any statement that he makes might not be able to be used at trial. they've got so much evidence, including his own confession to the person whose car he carjacked, that the likely they need any statement from him as evidence in the trial is remote. >> right. you know, judge, a lot of people h ve been talking about miranda, the public safety exception. i don't want to spend a lot of time on that. but, you know, when the police announced that the public threat was over, once dzhokhar was taken in
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